QuestionsQuestions (Republic Act No. 2056)
The law prohibits the construction or building of dams, dikes, or any other works that encroach into public navigable rivers, streams, coastal waters, and other navigable public waters or waterways, as well as works constructed in areas declared as communal fishing grounds.
They must be ordered removed as public nuisances or as prohibited construction, subject to the exceptions/authorization provided in the Act.
The Secretary of Public Works and Communications may authorize construction when public interest or safety so requires, or when it is absolutely necessary for the protection of private property.
The Secretary must find that the works encroach (or are constructed in communal fishing grounds) after due notice and hearing.
Not to exceed thirty (30) days.
Removal shall be effected by the Secretary of Public Works and Communications at the expense of the said party within ten (10) days following the expiration of the removal period.
The investigation and hearing must be terminated and decided within ninety (90) days from the time the Secretary is notified in writing or a written complaint is filed by an interested party.
Such failure constitutes an offense punishable under Section 3 of the Act.
Yes. Fishpond constructions or works introduced in good faith before the areas were proclaimed as fishing grounds are exempt, provided the constructions or works do not obstruct or impede the free passage of any navigable river or stream and would not cause inundations of agricultural areas.
Removal shall not impair fishponds completed or about to be completed that do not encroach or obstruct any public navigable river or stream and/or would not cause inundations of agricultural areas, and that were constructed in good faith before the area was declared communal fishing grounds.
Any person who violates the provisions of the Act or who fails to comply with a lawful order of the Secretary to remove the works within the period given.
Imprisonment of not less than six months nor more than six years, and a fine of not less than five hundred pesos nor more than six thousand pesos.
In addition to the fine and imprisonment, the Secretary shall suffer perpetual absolute disqualification to hold any public office.
Yes. Section 4 provides that all acts or parts of acts, executive orders, rules, and regulations inconsistent with RA 2056 are repealed.
It takes effect upon its approval.